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The Contract

The rent agreement can be made verbally, although it is advisable to formalise it in writing. Moreover, in Spain, as is the case for sale and purchase, both parties can bind each other mutually to formalise the rent contract for housing properties in writing.

There are some official forms which require the payment of the corresponding tax, if the contract is not subject to VAT.

Seasonal rents are considered to be "rents for uses other than those of a permanent residence" and are governed, except for some very specific points (obligation of payment of deposit, formalisation of contract and renting processes) by the agreements freely established by both sides, the landlord and the tenant.

The following should be made clear in the contract:

  1. Name and address of landlord and tenant.

  2. Description of the building which is the object of the contract, as well as any annexes (garage, attic, etc).

  3. Date of contract, date of beginning of rent period and its duration.

  4. Possibility of extension of rent period and conditions.

  5. Total rent and date and form of payment.

  6. Sums paid into account, clearly stating that the contract document itself constitutes a receipt and accredits the receipt of these sums.

  7. State of the property, clearly indicating any possible imperfections.

  8. Possibility of renovating the property and characterisitcs of such work.

  9. Responsibilities for payments of Community expenses, and gas and electricity etc. services.

 

Although the regulation of Tourism is currently under the control of the Autonomous Communities (for maximum security, it would be advisable to find out about the norms in force in the Autonomous Community in which the property is to be rented-see directory), it is normal for the renting of tourist appartments to include the cost of services and utility supply contracts. Moreover, the formalisation of the contract must carry the right to the use of shared areas (swimming-pool, solarium,etc.). Nevertheless, this should be clearly stated in the contract.

It is not advisable to pay the total cost of the rent in advance. Rather, a booking fee may be paid, thus guaranteeing greater freedom of decision in case the appartment or property rented does not correspond with the one offered.

It is highly advisable that the renter and the tenant shoud sign an inventory listing all the furniture in the property, and its condition, and the electrical appliances and their condition, specifying who is to pay for any repair. This inventory can be incorporated as an annex to the contract, forming part of the contract itself, and should be signed by both parties.

In Spanish Law, it is compulsory for the tenant to hand over two month's rent as a deposit. The deposit must be returned on completion of the contract and is intended to pay for any damage or deterioration of the property.

 

 

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